Durlacher v. Frazer
Wyoming Supreme Court
Error to tbe District Court, Albany County, Horn Charees W. Bramel, Judge. Replevin, by Hannah Durlacher, the holder of a chattel mortgage, against Charles C. Frazer, sheriff of Albany County, who held the goods included in the mortgage by virtue of writs of attachment issued at the suit of various creditors of the mortgagor. Judgment for defendant, and plaintiff brought error. The material facts are set forth in the opinion.
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Error to tbe District Court, Albany County, Horn Charees W. Bramel, Judge. Replevin, by Hannah Durlacher, the holder of a chattel mortgage, against Charles C. Frazer, sheriff of Albany County, who held the goods included in the mortgage by virtue of writs of attachment issued at the suit of various creditors of the mortgagor. Judgment for defendant, and plaintiff brought error. The material facts are set forth in the opinion. Insolvency is to be proven by facts from which the jury may draw the inference, and not by reputation and opinions. Testimony of a witness, that in his opinion a party…
1Opinion of the Court
Corn, Justice.
This is an action of replevin, and the defendant (defendant in error) is the sheriff of Albany County. Defendant had possession of the property, several thousand dollars worth of merchandise, fixtures, etc., under levies of various attachment writs against “ The A. M. Bauman Mercantile Company. ”
For some years prior to 1896, A. M. Bauman was in the grocery business at Laramie. August 18, 1893, he *69borrowed from the plaintiff $6,000, and gave ner a mortgage on his homestead running three years, as security. Subsequently, he bought a store building for $6,500, borrowed the amount…
2Cases cited8 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
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- Marsh v. WhitmoreSupreme Court of the United States · 1874
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- Sweeny v. Sugar Refining Co.West Virginia Supreme Court · 1887
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